LHC issues notices on Imran’s plea against physical remand
• Registrar office’s objection to Bushra Bibi’s petition overruled
• ATC extends interim Ayub, Asad’s pre-arrest bail in police station attack case
LAHORE: The Lahore High Court on Tuesday issued notices to the prosecution and other respondents on a petition filed by PTI founding chairman Imran Khan against his physical remand in 12 cases of May 9 riots, including attack on the corps commander’s residence.
A division bench, headed by Justice Tariq Saleem Sheikh, also summoned details of the cases and charges against Imran Khan, as well as the prosecutor general and the advocate general, for Wednesday (today).
Advocate Usman Riaz Gill appeared on behalf of the petitioner and argued that his client is not physically present before the antiterrorism court for the remand proceedings.
He said the physical absence of the petitioner rendered the ATC order for physical remand illegal.
He argued that the LHC should declare Imran Khan’s physical remand illegal.
Justice Anwarul Haq Pannun, the other member on the bench, asked the counsel if he is requesting the suspect to be presented in the court so he could state his position before the judge.
The lawyer replied in affirmative, saying the law mandates physical presence of a suspect in the court for physical remand.
The bench adjourned the hearing for a day and issued notices to the advocate general and the prosecutor general of Punjab.
The petition argued that an ATC granted Mr Khan’s custody to police on July 15 in a hearing which he attended through WhatsApp video call from Adiala jail, Rawalpindi.
It stated that the order issued by the ATC is tantamount to misreading established principles on the law of remand and urged the court to set it aside for being unlawful.
The petition stated that the remand was ‘unjustifiable’ as the sole allegation against the petitioner was of abetment and conspiracy and his participation in the investigation was not required as the FIR was wholly silent about his specific role.
It further said the prosecution didn’t arrest the petitioner for more than a year after May 9, 2023, even when the police authorities knew he was under the custody of the state at Adiala jail.
The petition said the FIR contained allegations related to public protests following the former premier’s arrest, and when the said offences for which he has been charged with occurred, he was absolutely incommunicado as he was in the unlawful custody of NAB.
The petitioner requested the LHC to set aside the trial court order and declare the physical remand illegal.
Bushra Bibi’s plea
An LHC single bench comprising Justice Tariq Salem Sheikh overruled the registrar office’s objection to a petition filed by Bushra Bibi, the jailed wife of former prime minister Imran Khan, and sought details of the cases registered against her.
The judge directed the office to fix the petition for hearing on Wednesday.
In her petition, Bushra Bibi said that being a housewife, she had no involvement in political matters, but cases have been registered against her on political grounds as part of victimisation.
The petitioner expressed concern that inquiries and cases have been initiated against her, but no information is being provided to her about them.
She sought details of the initiated inquiries and FIRs and urged the court to ensure that she is not arrested in any further case or inquiry, not known to her legal team till date.
Bail extended
An anti-terrorism court on Tuesday extended the interim pre-arrest bail of National Assembly Opposition Leader Omar Ayub and former secretary general of PTI Asad Omar in Shadman police station attack case.
Mr Ayub, also PTI’s sitting secretary general, and former federal minister Asad Omar did not appear before the court and their lawyer sought a one-time exemption from personal appearance due to commitments in Islamabad.
Judge Khalid Arshad allowed the request and extended the pre-arrest bail of both leaders till Aug 2.
Published in Dawn, July 24th, 2024